Casual labourers granted temporary status under 1991 Scheme deemed regularized as Group ‘D’ employees upon continuous service, entitling family to pensionary benefits despite no formal regularization order.

ORDER

Heard Shri Sarvesh , learned counsel for the applicant and Shri Vinod Pandey, learned counsel for the respondents at the time of hearing.

2. The instant Original Application, Under Section 19 of the Administrative Tribunals Act, 1985 has been filed by the Applicant for the following reliefs:-

8. (i). Quash the impugned order dated 19.09.2023 passed by Superintendent of Post Office, Division Ghazipur, whereby, the claim of the applicant for pension is being rejected.

8 (ii) Issue a direction to the respondent-3 to release the family pension to the applicant.

8 (iii) Any other relief, which this Hon‟ble Tribunal may deem fit and proper in the circumstancews of the case may be given in favour of the applicant.

3. The fact as reflects from the records of the Original Application that the husband of the applicant was appointed as Sweeper (Casual Labour) on 08.01.1995 in the office of Divisional Officer, Ghazipur. He was granted temporary status on 09.09.1996. Thereafter, the Department of Post, Ministry of Communication, Delhi vide letter dated 13.03.2013 granted the benefit of wages on the basis of pay Band-I with Grade Pay of Rs.1800/- w.e.f. 01.01.2006 in favour of the Casual Labour with temporary status of Group ‘D’ of Ghazipur Division and the name of the husband of the applicant was mentioned at Sr. No.18 in the said letter. The husband of the applicant was performing duties to the satisfaction of the respondents till 21.04.2021 and also received salary month to month. However, on 21.04.2021, the husband of the applicant died in harness after working for more than 26 years of service. Thereafter, the applicant moved an application for grant of family pension, but no heed was paid.

3.1 Subsequently, the applicant approached this Tribunal by way of Original Application No.677/2023, which was disposed of vide order dated 29.08.2023 with a direction upon the respondents to decide the representation of the applicant, within months, by passing a speaking order. In compliance of the aforesaid order, the respondents passed the order dated 19.09.2023, by which the rejected the claim of the applicant. The order dated 19.09.2023 is impugned in this Original Application.

4. The counter affidavit has been filed from the side of the respondents on 13.11.2024, denying the claim of the applicant with the averments that the husband of the applicant was engaged as part time casual labour/contigent paid (sweeper) in the office of SPOs, Ghazipur Division w.e.f. 08.01.1995. The husband of the applicant was granted temporary status at par with Group D cadre since 09.09.1996 within instruction that services will be governed by the instruction contained in DG Post New Delhi Comn. No.45- 95/87-SBP/1 dated 12.04.1991 conveyed vide Postmaster General Allahabad R.O. Allahabad Memo No.Estt./R-2/Corr dated 24.04.1991 and Chief Postmaster General UP Circle Lucknow Memo No.Est/Misc-items/90/1 dated 29.07.1992, which contained that all those casual labourers, who are covered under the casual labours (grant of temporary status, but not regularized against the group D posts, are not entitled for pensionary benefits. He died on 21.04.2021. After death, no retiral benefits were paid to the applicant due to non-eligibility as the husband of the applicant was never regularized against the post of Group D. In compliance of the earlier order of this Tribunal, the respondents have decided the representation of the applicant, by passing a reasoned and speaking order dated 19.09.2023